ALJDEC

02F-T0275-ROC · Registrar of Contractors · 2002-04-30

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|National Millworks, Inc., | | Case No.: T02-0275 | | | |Docket No.: 02F-T0275-ROC | |Complainant, | | | |-v- | | | | | |RECOMMENDED DECISION OF | |License No. 149523, Class B-01 of | |ADMINISTRATIVE LAW JUDGE | |Kessler Construction Management | | | |d.b.a. | | | |P K C Construction (Corp), | | | | | | | |Respondent. | | | | | | |

HEARING: Tuesday, April 23rd, 2002; 1:45 p.m. APPEARANCES: The parties failed to appear. ADMINISTRATIVE LAW JUDGE: Grant Winston. _____________________________________________________________________ This matter was to have been heard by the Office of Administrative Hearings, Tucson, Arizona on April 23rd, 2002. The case was noticed to convene at 1:30 p.m. The case was called at 1:45 p.m. FINDINGS OF FACT 1. This matter was duly scheduled for administrative hearing in Tucson, Arizona, for Tuesday, April 23rd, 2002, at 1:30 p.m. Neither party appeared at the appointed time. An additional 15 minutes was allowed by the administrative law judge before he called the case. 2. Notice of the hearing was duly given both parties. 3. Complainant, in failing to appear, failed to present any evidence in support of its claim against the respondent. CONCLUSIONS OF LAW 1. This hearing was held under authority of and pursuant to A.R.S. §32-1156 and A.R.S. §41-1092. 2. The complainant has brought this complaint and accordingly must bear the burden of proving by a preponderance of the evidence that the allegations contained therein are true. A.A.C. R2-19-119. See also: Culpepper v. State, 187 Ariz. 431, 930 P.2d 508 (Ct. App. 1996); Smith v. Arizona Department of Transportation, 146 Ariz. 430, 706 P.2d 756 (App. 1985) (the standard of proof is that of the “preponderance of evidence”). 3. Consequently, the record does not support any conclusion that the respondent has violated any provision of A.R.S. §32-1154.A. as set forth in the instant citation and complaint. RECOMMENDED ORDER In view of the foregoing, it is hereby recommended that Citation and Complaint Number T02-0275, together with the complaint on which it is based, be dismissed. Done this day, May 8th, 2002.

________________________________ GRANT WINSTON Administrative Law Judge

Original transmitted by mail this ____ day of May, 2002, to:

Michael P. Goldwater, Director Registrar of Contractors ATTN: Joyce Armijo 800 West Washington, 6th Floor Phoenix, AZ 85007

By _______________________________ -----------------------

Office of Administrative Hearings 100 N. Stone Ave., Suite 704 Tucson, Arizona 85701 (520) 628-5488